[2020] KEELC 134 (KLR)
The court found that the applicant had satisfied the threshold for the grant of leave to commence judicial review proceedings. The court exercised its discretion to order that the leave granted would operate as a stay of the impugned proceedings pending the hearing and determination of the substantive motion. The...
Source-derived case information.
- Citation
- [2020] KEELC 134 (KLR)
- Parties
- Applicant: Republic; Respondent: Hon. Muholi Senior Resident Magistrate; Respondent: Chief Magistrate’s Court Nairobi Milimani Commercial Court; Interested Party: Lucmi (E.A) Limited; Applicant: China Road & Bridge Corporation (K) Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Case E011 of 2020
- Procedural Posture
- Judicial Review Application / Directions on Leave and Stay Pending Substantive Motion
- Outcome
- Leave granted; stay of proceedings ordered; directions issued for filing substantive motion; costs in the cause.
- Judges
- LC Komingoi
- Legal Topics
- Judicial Review, Leave to Apply for Judicial Review, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Hon. Muholi Senior Resident Magistrate
Respondent
Chief Magistrate’s Court Nairobi Milimani Commercial Court
Respondent
Lucmi (E.A) Limited
Interested Party
China Road & Bridge Corporation (K) Limited
Applicant
Procedural Posture
Judicial Review Application / Directions on Leave and Stay Pending Substantive Motion
Legal Issues
- 1 Whether leave to apply for judicial review should be granted.
- 2 Whether the leave granted should operate as a stay of proceedings pending the hearing of the substantive motion.
- 3 Whether the preliminary objection should be determined before the substantive motion is filed.
Ratio Decidendi
The court found that the applicant had satisfied the threshold for the grant of leave to commence judicial review proceedings. The court exercised its discretion to order that the leave granted would operate as a stay of the impugned proceedings pending the hearing and determination of the substantive motion. The court further held that the preliminary objection raised by the respondents should be addressed after the substantive motion is filed, not at the leave stage. Accordingly, the court granted leave, ordered a stay, directed the applicant to file the substantive motion within twenty-one days, and ordered that costs be in the cause.
Court Disposition
Leave granted; stay of proceedings ordered; directions issued for filing substantive motion; costs in the cause.
Orders
- Leave is hereby granted to the applicant.
- The leave granted shall operate as a stay pending the hearing of the substantive motion.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC JUDICIAL REVIEW APPLICATION NO E011 OF 2020
REPUBLIC..................................................................................................APPLICANT
VERSUS
HON. MUHOLI SENIOR RESIDENT MAGISTRATE..............1ST RESPONDENT
CHIEF MAGISTRATE’S COURT NAIROBI
MILIMANI COMMERCIAL COURT.........................................2ND RESPONDENT
LUCMI (E.A) LIMITED...........................................................INTERESTED PARTY
EX PARTE..................CHINA ROAD & BRIDGE CORPORATION (K) LIMITED
DIRECTIONS
1. I have considered the chamber summons dated 19th October 2020 and the verifying affidavit. I have also considered the preliminary objection and the grounds of opposition together with the oral submissions of counsel. I note that the grounds in the preliminary objection should be raised once the substantive motion has been filed.
2. I hereby grant the following directions:-
(a) That leave is hereby granted in the circumstances.
(b) That the leave granted do operate as a stay pending the hearing of the substantive motion.
(c) That the Ex parte Applicant do file substantive motion within twenty-one (21) days from the date hereof.
(d) That costs be in the cause
It is so ordered.
Dated, signed and delivered in Nairobi on this 17th day of December 2020.
.........................
L. KOMINGOI
JUDGE
In the presence of:-
Mr. A. Masila for Dr. Ndegwa for the Applicant
No appearance for the Respondents
Mrs. Keah for Mr. Osundwa for the Interested Party
Kajuju - Court Assistant